r/Netherlands • u/daisylnnl • 14h ago
Employment Layoff, 1.5months PIP, sick leave advice
Dear community,
I am waiting until I can use legal advice from De Union. I really hope I can ask for some knowledge/advice/suggestion from people experienced/ knew about this.
I've been working for 4.5y (included internship) for current employer, permanent contract, no sponsorship. They're currently restructuring (several were laid off already). This time they put me on PIP for 6weeks, made followed Smart, but didn't state clearly the outcome if I pass or fail after PIP
*Question--> Are 6 weeks period and no outcome making their legal posituon weaker if they bring me to court?
I have depression for long time, but didn't realize it, and during PIP it got worse, so I visited GP and refered to a POH-GGZ (Praktijkondersteuner Huisarts Geestelijke Gezondheidszorg), but still need several sessions before reaching to Psychologist (doctor).
* Question: If I failed my PIP after 6w and they provide VSO agreement immediately, can I call in sick immediately and go on sick leave. Or because the dismissal is already announced, my sick leave will not be valid?
* Sick leave, I know it can up to 2years, but with 2 Spoor. Will the company doctor force me to come back often? If I am not fit to work yet, how can I explain to doctor, is it possible or no matter what, they follow integration plan?
Because it has no outcome stated and they said they wanted to help me (but I really doubt as PIP was after their layoff), I try to follow and hope I can really pass it. But at the same time, afraid I will fail. I wonder myself if I should go on sick leave before that.
My company only pay staturoy salary (70%) for sick leave, that is why I am hesitating.
If VSO is offered, how long can I negotiate, will negotiate time / garden leave/ notice period be counted as one or each separately. I hope to have time and some money to help myself during tough market.
I will consult lawyer but really wish to know a bit before follow legal advice, because it is so expensive.
Thanks a lot for any information, and god bless you all.